{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-49-109","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-49-109","heading":"Retirement for disability - Restoration to service -","body":"Disability not in line of duty.\n\nA. Whenever any firefighter serving in any capacity in a\n\nregularly constituted fire department of a municipality shall become\n\nso physically or mentally disabled while in, or in consequence of,\n\nthe performance of the firefighter’s duty as to prevent the\n\neffective performance of the firefighter’s duties, the State Board\n\nmay, upon the firefighter’s written request, or without such request\n\nif the State Board deems it for the good of the department, retire\n\nthe firefighter from active service, and if so retired, shall direct\n\nthat the firefighter be paid from the System a monthly pension equal\n\nto the greater of:\n\n1. Fifty percent (50%) of the average monthly salary which was\n\npaid to the firefighter during the last thirty (30) months of the\n\nfirefighter’s service; or\n\n2. Two and one-half percent (2 1/2%) of the firefighter’s final\n\naverage salary multiplied by the member’s years of credited service,\n\nnot to exceed thirty (30) years, provided such firefighter has\n\ncompleted twenty (20) or more years of credited service.\n\nB. If the disability ceases within two (2) years from the date\n\nof the firefighter’s disability retirement and before the\n\nfirefighter’s normal retirement date, the formerly disabled person\n\nshall be restored to active service at the salary attached to the\n\nrank the firefighter held at the time of the firefighter’s\n\ndisability retirement provided the firefighter is capable of\n\nperforming the duties of a firefighter. Whenever such disability\n\nshall cease, such disability pension provided pursuant to paragraph\n\n1 of subsection A of this section shall cease. If a firefighter\n\nparticipates in the Oklahoma Firefighters Deferred Option Plan\n\npursuant to Section 49-106.1 of this title, the firefighter’s\n\ndisability pension provided pursuant to this subsection shall be\n\nreduced to account for the firefighter’s participation in the\n\nOklahoma Firefighters Deferred Option Plan.\n\nC. Whenever any firefighter, who has served in any capacity in\n\na regularly constituted fire department of a municipality of the\n\nstate, and who has served less than the firefighter’s normal\n\nretirement date, shall become so physically or mentally disabled\n\nfrom causes not arising in the line of duty as to prevent the\n\neffective performance of the firefighter’s duties, the firefighter\n\nshall be entitled to a pension during the continuance of such\n\ndisability based upon the firefighter’s service period which shall\n\nbe fifty percent (50%) of the average monthly salary which was paid\n\nto the firefighter during the last sixty (60) months of the\n\nfirefighter’s service.\n\nD. No firefighter shall accrue additional service time while\n\nreceiving a disability pension; provided further, that nothing\n\nherein contained shall affect the eligibility of any firefighter to\n\napply for and receive a retirement pension after the firefighter’s\n\nnormal retirement date; provided further, that no firefighter shall\n\nreceive retirement benefits from the System during the time the\n\nfirefighter is receiving disability benefits from the System. Any\n\nmember or beneficiary eligible to receive a monthly benefit pursuant\n\nto this section may make an election to waive all or a portion of\n\nmonthly benefits.\n\nE. If the requirements of Section 49-106.5 of this title are\n\nsatisfied, a member who, by reason of disability, is separated from\n\nservice as a public safety officer with the member’s participating\n\nmunicipality, may elect to have payment made directly to the\n\nprovider for qualified health insurance premiums by deduction from\n\nhis or her monthly disability benefit, after December 31, 2006, in\n\naccordance with Section 402(l) of the Internal Revenue Code of 1986,\n\nas amended. For distributions made after December 29, 2022, the\n\nelection provided for under Section 402(l) of the Internal Revenue\n\nCode of 1986, as amended, may be made whether payment of the\nprovider for qualified health insurance premiums by deduction from\n\nhis or her monthly disability benefit, after December 31, 2006, in\n\naccordance with Section 402(l) of the Internal Revenue Code of 1986,\n\nas amended. For distributions made after December 29, 2022, the\n\nelection provided for under Section 402(l) of the Internal Revenue\n\nCode of 1986, as amended, may be made whether payment of the\n\npremiums is made directly to the provider of the accident or health\n\nplan or qualified long-term care insurance contract by deduction\n\nfrom a distribution from the System or is made to the member.","path":["OK Code","Title 11"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os11.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"74f05cac1dd7124e726d84ca6baab54a6ea4abaea7c725951169e3e15d66826e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-49-108","next":"us-ok/okla.-stat.-tit.-11-11-49-110"},"notice":"GroundRules: Original legal text. Not legal advice."}